A disposition with full title guarantee implies a covenant that the person making the disposition is disposing of the property free from all charges and encumbrances (whether monetary or not), and from all other rights exerciseable by third parties, other than any charges, encumbrances or rights which that person does not and could not be reasonably expected to know about. This extends the liabilities imposed and the rights conferred by or under an enactment unless they do not constitute defects in title because at the time of disposition they are only potential liabilities and rights in relation to the property or that they are imposed or conferred in relation to the property generally. A disposition made with limited title guarantee carries with it by covenant that the person making the disposition has not since the last disposition value: (1) charged or encumbered the property by means of any charge or encumbrance which subsists at the time when the disposition is made, or granted third party rights in relation to the property which so subsists; or (2) suffered the property to be so charged or encumbered or subject to any such rights; and (3) that he is not aware that anyone else has done so since the last disposition value. No liability under the implied covenants (other than the covenant to do all that he reasonably can to transfer the title purportedly transferred) will arise in respect of any matter to which the disposition is expressly made subject. The person making the disposition will not be liable under any of those covenants for anything which at the time of disposition was within the actual knowledge of the person for whom the disposition was made, or is a necessary consequence of facts within that person’s knowledge. Independence
Publisher
Routledge-Cavendish
Cited by
1 articles.
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